- 1 - NC: 2025:KHC:16806 WP No. 12248 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12248 OF 2025 (GM-CPC) BETWEEN: 1. SRI N VENKATESHAPPA S/O HOSAHATTI NANJAPPA, AGED ABOUT 65 YEARS, R/AT KOTTANUR, NANDU HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT-562101. 2. SRI. N. SUBBARAYAPPA, S/O HOSAHATTI NANJAPPA, AGED ABOUT 70 YEARS, R/AT KOTTANURU, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT – 562101. …PETITIONERS (BY SRI. K N NITISH, ADV.) AND: 1. SRI K C SUERSH BABU S/O N.CHICKMARAPPA, AGED ABOUT 47 YEARS, AGRICULTURIST, R/AT KOTTANUR, NANDI HOBLI, CHICKBALLAPUR TALUK AND DISTRICT- 562101. 2. SMT. SUNEETHA, W/O ASWATHAPPA AND Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16806 WP No. 12248 of 2025 D/O N.CHICKMARAPPA, AGED ABOUT 43 YEARS, AGRICULTURIST, R/AT AGALAGURKI VILLAGE, KASABA HOBLI, CHICKBALLAPUR TALUK AND DISTRICT – 562101. 3. SMT. PAVITHRA W/O DYAVAPPA AND D/O N. CHICKMARAPPA, AGED ABOUT 35 YEARS, AGRICULTURIST, R/AT SUGATUR, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT- 562102. 4. SRI. NAGARAJA, S/O MUNIYAPPA, AGED ABOUT 57 YEARS, AGRICULTURIST, R/AT KOTTANUR, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT – 562101. 5. SRI. VENKATESHA S/O MUNIYAPPA, AGED ABOUT 52 YEARS, AGRICULTURIST, R/AT LAKSHMI VENKATADRI NILAYA, 3RD CROSS, ASHOK NAGAR, VIJAYAPURA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT—562135. 6. SMT. LAKSHMAMMA, W/O MUNIYAPPA, AGED ABOUT 72 YEARS, R/AT KOTTANURU, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT- 562101. - 3 - NC: 2025:KHC:16806 WP No. 12248 of 2025 7. SRI. V. KRISHNAPPA, S/O VENKATARAYAPPA, AGED ABOUT 70 YEARS, AGRICULTURIST, R/AT KOTTANURU, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT- 562101. 8. SRI. K.C. NAVEEN S/O N.CHICKMARAPPA, AGED ABOUT 33 YEARS, AGRICULTURIST, R/AT KOTTANURU, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT- 562101. 9. K.C. SHASHIKALA, W/O SAGAR AND D/O N. CHIKKAMARAPPA, AGED ABOUT 35 YEARS, R/AT CHIKKA-ULLUR, HOSKOTE TALUK BENGALURU DISTRICT- 562114. …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT QUASHING THE IMPUGNED ORDER AT ANNX-K DATED 22.04.2025 PASSED BY THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA ON IA NO. 4. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 4 - NC: 2025:KHC:16806 WP No. 12248 of 2025 ORAL ORDER Counsel submission accepted Office objections are over-ruled. In this petition, the petitioners have sought for the following reliefs: (a) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned order at Annexure-K dated 22.04.2025 passed by the learned III Additional District and Sessions Judge at Chikkaballapura on I.A.No.4. (b) Grant such other order and further relief as this Hon’ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity. 2. The main contention of the learned counsel for the petitioners is that on an application I.A.No.4 filed under Section 151 of CPC by the petitioner in R.A.No.48/2023, - 5 - NC: 2025:KHC:16806 WP No. 12248 of 2025 the First Appellate Court has not passed any order and proceeded with regular appeal. In view of the above, this Court can only direct the First Appellate Court to dispose of the application filed by the petitioners. Hence, issuance of notice to respondents is dispensed with. 3. The petitioners herein are defendants No.4 and 3 respectively in O.S.No.201/2008 filed by the plaintiffs for declaration and injunction. The said suit was dismissed by judgment and decree dated 24.01.2023. Being aggrieved by the said judgment and decree, the plaintiffs filed R.A.No.48/2023, the petitioners/defendants also filed R.A.No.124/2024. The appeal filed by the plaintiffs was dismissed by judgment and decree dated 28.03.2025. Being aggrieved by the same, the petitioners filed Regular Second Appeal before this Court in RSA No.571/2025 which is pending consideration before this Court. In the meantime, the petitioner filed I.A.No.4 under Section 151 of CPC in R.A.No.48/2023 on 16.04.2025. The First Appellate Court has adjourned the matter without passing - 6 - NC: 2025:KHC:16806 WP No. 12248 of 2025 any order on I.A. and proceeded to consider the appeal on merits. Therefore the petitioner is before this Court. 4. In view of the above, without expressing any opinion on the merits of the case, the First Appellate Court is directed to consider the petitioners’ application, I.A.No.4 filed under Section 151 of CPC in accordance with law, as expeditiously as possible. 5. With that observation, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE MPK CT:bms List No.: 1 Sl No.: 18